Jennings

Jennings v. Huizar

Good Law
315 F. App'x 633
United States Court of Appeals for the Ninth CircuitMarch 2, 2009No. 07-16395California265 words

Opinion

Lead Opinion

MEMORANDUM **

Robert Lee Jennings, an Arizona state prisoner, appeals pro se from the district court’s judgment dismissing three of his retaliation claims brought under 42 U.S.C. § 1983 for failure to exhaust administrative remedies, and from the summary judgment on his fourth claim of retaliation. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003) (dismissal for failure to exhaust); Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994) (per curiam) (summary judgment). We affirm.

The district court properly dismissed Jennings’s claims that Huizar retaliated against him by labeling him a snitch, having his cell searched and property confiscated, and reducing his “turn out time,” because Jennings did not properly exhaust prison grievance procedures as to these claims. See 42 U.S.C. § 1997e(a); Woodford v. Ngo, 548 U.S. 81, 90-91 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006) (explaining that “proper exhaustion” requires adherence to administrative procedural rules).

*634 The district court properly granted summary judgment on Jennings’s claim that Huizar retaliated against him by changing his job assignment and…

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